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�� <br />�� <br />�� <br />� � <br />� �� <br />� �.� <br />� � <br />�� <br />V � <br />CT1 � <br />� �w <br />� <br />� <br />��1 <br />�� <br />� <br />c <br />Z <br />=�c�i+ <br />n�• <br />�_ <br />ti <br />� ; �a cr, m <br />A C'► � c.� � ,,,_,� p � <br />� z� <br />� _ _:, �y' ° � ---� rv aa <br />rr, �=�. ..� —t � m <br />7C �, �__ -� � c,� � <br />� ''� � ; o -T, ►--• n <br />� ,� va <br />� ��; � �7, ° z <br />m A ` "� n r:., C'� C/� <br />c_� � i"- �� � <br />v> �� �T -�7 �1 <br />F,�, <n C <br />x - �7 � <br />N •� � [1"1 � <br />W � � � <br />[n Z <br />� <br />�PE �.vr/° cRr�-� <br />WHEN R�CORDED MAI�70: <br />Equitable Bank � s � <br />North Locust Branch � , <br />193-175 N Locust St <br />PO Box 960 <br />Gr nd I land N 6 02-01 0 OR R CORD�R'S 5E ONLY <br />D�ED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any ane time $SO,OOO.QO. <br />1'HIS DEED OF TRUS7 is dated October 14, 2070, among DAVID R TAYLOR, whase address is 55 <br />PONDEROSA DR, GRAND ISLAND, N� 68$03 and DAWN M TAYLOR, whose address is 55 PONDERQSA DR, <br />GRAND ISLAND, NE 68803; MUSBAND AND WIFE ("Trustor"►; Equitable Bank, whose address is North <br />Locust Branch, '113-915 N Locus# St, PO Box 160, Grand Island, NE 68802-0760 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"►; and Equitable Bank (Grand Island Regionl, whose <br />address is 17$-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 lreferred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor cnnveys ta Trustee in trust, WITH PQWER OF SALE, for the banefit of <br />Lender as Beneficiary, al) of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently srected or affixed 6uildings, improvemants and fixtures; all easemants, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other ri hts, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (t�e ° Real Property IpCate in HALL <br />County, State of Nebraska: <br />LOT EIGHT (8►, IN BLQCK ONE (11, PONDEROSA LAK� ESTATES SUBDIVISION, IN THE CI7Y OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly knawn as 55 PONDER�SA DR, GRAND ISLAND, NE 688p3. <br />The Real Property tax identification number is 400327120. <br />REVQLVING LINE OF CREDIT. This qeed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender ta make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advancas may <br />be made, repaid, and remade fram time to time, suhject to the limitation that the total vutstanding balance awing at any one time, not <br />including finance charges on such balance at a fixed or varia6le rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advpnced as provided 1n either the Indebtedness paragraph or this paragraph, shall not <br />excsed the Credit l.imit as provided in the Credit Agreament. It is the intention of Trustar and Lender that this Deed of Trust securea the <br />balance outstanding under the Credit Agraement from time to time from zere up to the Credit Limit as provided in the Credit Agreement <br />and any intermediete balance. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rants from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Coda security interest in the Personal Prnperty and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT DF RENTS ANb THE SECURITY INTER�ST IN THE RENTS AND PERSONAL <br />PROPERTY. IS GIVEN TO S6CURE (A) PAYMENT OF 7ME INDEB7'EDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIpNS UNDER THE CREDIT AGREEMENT, THE RELATED DQCUMENTS, AND THI5 DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING tERMS: <br />PAYMENT AND pERFORMANCE. Except as otherwise prnvided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this �eed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, this peed of Trust, and the Relatad Documents. <br />POSSESSION AND MAINtENANCE OF 7'HE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession snd control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the f'roperty. <br />Duty to Maintgin. Trustor shall maintain the Property in good condition and promptly perfqrm all r=peirs, replacements, and <br />maintanance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender thar. (1) During the period of 7rustor's ownarship <br />of the Property, there has been no use, generatipn, manufacture, storage, treatment, disposal, release or threatened release of eny <br />Hazardnus 5ubstance by any person on, under, about or from the Prpperty; (2) Trustor has no knowledge of, or reason to 6elieve <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generetion, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Prvperty by any prior owners or occupants nf the Property, or (c) any actual or <br />threatened litigation or claims of any kind 6y any person relating to such mstters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, cnntractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Proparty; <br />and (b) any such activity shail be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests mada by I�ender shall be for Lender's purposes only and shall not be <br />construad to create any responsibility or liability on the part of Lender to Trustor or to any other person. 7he representatians and <br />warranties contained herein are based pn Trustor's due diligence in investigating the Property for Hazardous 5ubstances. Trustor <br />here6y (7) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender sgainst any and all <br />claims, Insses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a <br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or <br />� '' . <br />